Category: Regulatory

Is CRS Enforcement Baring Teeth?

The Case: For much of the decade’s winding course of CRS, enforcement measures have been threatened but rarely fulfilled. That seems to be changing. There has not been a new order from the OECD to adopt more draconian policies nor any evidence of a collective resolution by Participating Jurisdictions to…

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FINMA published guidelines on the Berne Financial Services Agreement

The Case: The Swiss Financial Market Supervisory Authority (FINMA) has published guidance regarding the Berne Financial Services Agreement (BFSA), an accord between Switzerland and the United Kingdom. The Commentary: Under said treaty, both countries mutually recognise the equivalence of their regulatory and supervisory frameworks in selected financial-services sectors, which simplifies…

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UBS US banking licence

The Case: UBS Group AG has applied for a US national bank charter for its US unit. The Commentary: The move is part of a multi-year “Build the Bank” programme to develop new products, systems and a modern core platform with digital and AI-driven capabilities.

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Berne Financial Services Agreement (BFSA)

The Case: The Berne Financial Services Agreement (BFSA) between Switzerland and the UK enters into force on 1 January 2026. The Commentary: The UK’s Financial Conduct Authority (FCA) has published detailed guidance explaining eligible activities, authorisation and registration procedures as well as other practical steps in order to help Swiss…

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Consultation on ordinances for legal‑entity transparency and anti–money‑laundering reform

The Case: Yesterday, the Federal Council opened a public consultation on draft ordinances implementing transparency requirements for legal entities and strengthening Switzerland’s anti–money‑laundering and counter‑terrorist financing regime. The Commentary: Under the proposals specific rules concerning the register of beneficial owners will be defined at ordinance level, including obligations for registration,…

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Tax-Related Parliamentary Initiatives and Motions

The Case: The interactive overview table allows you to sort parliamentary motions and initiatives by number, title, type, and status. The Commentary: Use the full‑text search to find specific keywords in titles. Items in bold mark those newly submitted during the most recent parliamentary session. Click on a linked number…

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Unlawful write-off of AT1 capital instruments

The Case: The write-off of the Credit Suisse AT1 capital instruments as ordered by FINMA in March 2023 lacked legal basis. The Federal Administrative Court has therefore revoked FINMA’s decree in a partial decision. The Commentary: The Court examined if there was a statutory basis for the write-off order. It…

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Penal provisions for direct taxes

The Case: Tax information dossier Penal provisions for direct taxes and Additional taxation. The Commentary: The article explains the main tax offences under Swiss direct taxation, including: a) Tax evasion, tax fraud and procedural violations, b) Jurisdiction, procedural rules and limitation periods, c) Voluntary disclosure without penalty (self‑reporting), and d)…

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Joint statement on foreign exchange matters

The Case: Switzerland and the United States have issued a joint statement on foreign exchange matters. The Commentary: Yesterday, the Federal Department of Finance (FDF), the Swiss National Bank (SNB) and the US Department of the Treasury issued a joint statement on macroeconomic and foreign exchange matters, in which Switzerland…

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